Porterville, CA asked in Criminal Law, Civil Rights and Constitutional Law for California

Q: i was assaulted and had a advocate from the Da's office . I called him about my case a few times. He told me he would

let me know when the case went to court and sent me a restraining order. My advocate no longer works there and the next thing i get is another restraining order in the mail.So i look on line and find out the case has been completed with a plea deal to a misd. 245. After I talked with the Da he tells me my case had a mess up but he did his best to get a conviction. I want to know what my rights are . Someone should be held accountable for me not getting my rights to be heard . Your advice will be greatly appreciated

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: The District Attorney's office represents the people, not you individually. They do not protect your personal rights, that is up to you to protect on your own, with your own lawyer. You can also sue the wrongdoer personally, if s/he caused you injury, damage, loss or harm. You need to find your own attorney to do that for you. There are so many really good lawyers in San Francisco who might do that for you, but you've got to find your own attorney to represent you if you want to pursue a damage claim case against the perpetrator. And don't forget that there is a time limit on how long you can wait before you lose your right to sue, which in most cases is two years from the date of the injury. So whatever you do, you must do within 2 years of the date you suffered injury, damage, loss or harm.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

however, the DA represents the People of the State of California........not you.

you are a witness and the State is technically the victim.

if you need further explanations you should contact the head of that office for an appointment........or your city councilman etc

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.